BILL NUMBER: SB 832	CHAPTERED  10/10/99

	CHAPTER   853
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 1, 1999
	AMENDED IN ASSEMBLY   AUGUST 30, 1999
	AMENDED IN ASSEMBLY   JULY 7, 1999
	AMENDED IN ASSEMBLY   JUNE 16, 1999
	AMENDED IN SENATE   MAY 6, 1999

INTRODUCED BY   Committee on Public Safety (Senators Vasconcellos
(Chair), Burton, Johnston, McPherson, Polanco, and Rainey)

                        FEBRUARY 25, 1999

   An act to amend Section 77 of the Code of Civil Procedure, to
amend Section 51553 of the Education Code, to amend Sections 68660
and 68661 of the Government Code, to amend Section 11167 of the
Health and Safety Code, to amend Section 1861.025 of the Insurance
Code, to amend Sections 96.5, 148, 217.1, 261.5, 264, 636.5, 653t,
1203.073, and 12403.5 of, and to repeal Section 626.1 of, the Penal
Code, to amend Section 23612 of the Vehicle Code, and to amend
Section 30547 of the Water Code, relating to criminal law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 832, Committee on Public Safety.  Criminal law.
   (1) Existing law requires that sex education courses must satisfy
specified criteria including the requirement that they provide advice
to pupils that it is unlawful for males or females of any age to
have sexual relations with males or females under 18 years of age to
whom they are not married.
   This bill would make technical, conforming, nonsubstantive changes
to that provision.
   (2) Existing law establishes an appellate division of the superior
court consisting of 3 judges, or when the Chief Justice finds it
necessary, 4 judges.  Only 3 judges may participate in a hearing and
the concurrence of 2 judges is necessary to render a decision in
every case and to transact any other business except as specified.
   This bill would provide an exception to this provision by
authorizing one judge of the appellate division to hear appeals from
convictions of traffic infractions.
   (3) Existing law establishes in the judicial branch of state
government, the California Habeas Resource Center and specifies the
powers and duties of the center.  One of those specified duties is to
file motions seeking compensation for representation and
reimbursement as pursuant to federal law and to transmit those
payments to a special account in the General Fund as specified.
   This bill would recast that provision and require that those
payments be processed via the Federal Trust Fund.
   (4) This bill would make technical corrections to a provision in
the Health and Safety Code relating to the issuance of a prescription
in an emergency situation.
   (5) Existing law specifies the qualifications for a Good Driver
Discount insurance policy.
   This bill would make a clarifying change in that provision by
revising a cross-reference.
   (6) Under existing law, it is a crime for a judicial officer,
court commissioner, or referee to commit any act that he or she
knows, or should have known, perverts or obstructs justice or the due
administration of the laws.
   This bill would delete the element of should have known and the
element of perverts or obstructs the due administration of the laws
from the above-described crime.
   By expanding the definition of a crime, this bill would impose a
state-mandated local program.
   (7) Existing law makes it a misdemeanor or a felony for every
person to commit any assault upon specified governmental officials or
the immediate family of any of those officials, in retaliation for
or to prevent the performance of the official's duties.
   This bill would add commissioner, referee, or other subordinate
judicial officer of any court of record to the list of officials
specified in the above provision.  By increasing the definition of a
crime, this bill would impose a state-mandated local program.
   (8) Existing law requires the Attorney General to prepare and
present to the Superintendent of Public Instruction on or before June
30, 1985, a handbook containing a complete summary of California
penal and civil law as specified.
   This bill would repeal that provision.
   (9) Existing law authorizes a water district to employ a suitable
security force that has the authority and powers conferred upon peace
officers as specified.
   This bill would make technical, conforming, and nonsubstantive
changes to that provision.
   (10) This bill would also make technical and nonsubstantive
changes to other penal-related provisions.
   (11) This bill would incorporate additional changes in Section 77
of the Code of Civil Procedure proposed by SB 210, to be operative if
SB 210 and this bill are both enacted and become effective on or
before January 1, 2000, and this bill is enacted last.
   (12) This bill would incorporate additional changes in Section
51553 of the Education Code proposed by AB 246, to be operative if AB
246 and this bill are both enacted and become effective on or before
January 1, 2000, and this bill is enacted last.
  (13) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 77 of the Code of Civil Procedure is amended to
read:
   77.  (a) In every county and city and county, there is an
appellate division of the superior court consisting of three judges
or, when the Chief Justice finds it necessary, four judges.
   The Chief Justice shall assign judges to the appellate division
for specified terms pursuant to rules, not inconsistent with statute,
adopted by the Judicial Council to promote the independence and
quality of each appellate division.  Each judge assigned to the
appellate division of a superior court shall be a judge of that
court, a judge of the superior court of another county, or a judge
retired from the superior court or a court of higher jurisdiction in
this state.
   The Chief Justice shall designate one of the judges of each
appellate division as the presiding judge of the division.
   (b) In each appellate division, no more than three judges shall
participate in a hearing or decision.  The presiding judge of the
division shall designate the three judges who shall participate.
   (c) In addition to their other duties, the judges designated as
members of the appellate division of the superior court shall serve
for the period specified in the order of designation.  Whenever a
judge is designated to serve in the appellate division of the
superior court of a county other than the county in which that judge
was elected or appointed as a superior court judge, or if the judge
is retired, in a county other than the county in which the judge
resides, the judge shall receive from the county to which the judge
is designated expenses for travel, board, and lodging.  If the judge
is out of the judge's county overnight or longer, by reason of the
designation, that judge shall be paid a per diem allowance in lieu of
expenses for board and lodging in the same amounts as are payable
for those purposes to justices of the Supreme Court under the rules
of the State Board of Control.  In addition, a retired judge shall
receive from the state and the county to which the judge is
designated, for the time so served, amounts equal to that which the
judge would have received from each if the judge had been assigned to
the superior court of the county.
   (d) The concurrence of two judges of the appellate division of the
superior court shall be necessary to render the decision in every
case in, and to transact any other business except business that may
be done at chambers by the presiding judge of, the division.  The
presiding judge shall convene the appellate division when necessary.
The presiding judge shall also supervise its business and transact
any business that may be done at chambers.
   (e) The appellate division of the superior court has jurisdiction
on appeal from the following courts, in all cases in which an appeal
may be taken to the superior court or the appellate division of the
superior court as provided by law, except where the appeal is a
retrial in the superior court:
   (1) The municipal courts within the county.
   (2) The superior court in a county in which there is no municipal
court.
   (f) The powers of each appellate division shall be the same as are
now or may hereafter be provided by law or rule of the Judicial
Council relating to appeals to the appellate division of the superior
courts.
   (g) The Judicial Council shall promulgate rules, not inconsistent
with law, to promote the independence of, and govern the practice and
procedure and the disposition of the business of the appellate
division.
   (h) Notwithstanding any other provision of law, the Chief Justice
may designate any municipal court judge as a member of the appellate
department of the superior court if the municipal court is
participating in a trial court coordination plan approved by the
Judicial Council and the designated municipal court judge has been
assigned to the superior court of the county by the Chief Justice.
   (i) A reference in any other statute to the appellate department
of the superior court means the appellate division of the superior
court.
   (j) Notwithstanding the provisions of subdivisions (b) and (d),
appeals from convictions of traffic infractions may be heard and
decided by one judge of the appellate division of the superior court.

  SEC. 1.5.  Section 77 of the Code of Civil Procedure is amended to
read:
   77.  (a) In every county and city and county, there is an
appellate division of the superior court consisting of three judges
or, when the Chief Justice finds it necessary, four judges.
   The Chief Justice shall assign judges to the appellate division
for specified terms pursuant to rules, not inconsistent with statute,
adopted by the Judicial Council to promote the independence and
quality of each appellate division.  Each judge assigned to the
appellate division of a superior court shall be a judge of that
court, a judge of the superior court of another county, or a judge
retired from the superior court or a court of higher jurisdiction in
this state.
   The Chief Justice shall designate one of the judges of each
appellate division as the presiding judge of the division.
   (b) In each appellate division, no more than three judges shall
participate in a hearing or decision.  The presiding judge of the
division shall designate the three judges who shall participate.
   (c) In addition to their other duties, the judges designated as
members of the appellate division of the superior court shall serve
for the period specified in the order of designation.  Whenever a
judge is designated to serve in the appellate division of the
superior court of a county other than the county in which that judge
was elected or appointed as a superior court judge, or if the judge
is retired, in a county other than the county in which the judge
resides, the judge shall receive from the county to which the judge
is designated expenses for travel, board, and lodging.  If the judge
is out of the judge's county overnight or longer, by reason of the
designation, that judge shall be paid a per diem allowance in lieu of
expenses for board and lodging in the same amounts as are payable
for those purposes to justices of the Supreme Court under the rules
of the State Board of Control.  In addition, a retired judge shall
receive from the state and the county to which the judge is
designated, for the time so served, amounts equal to that which the
judge would have received from each if the judge had been assigned to
the superior court of the county.
   (d) The concurrence of two judges of the appellate division of the
superior court shall be necessary to render the decision in every
case in, and to transact any other business except business that may
be done at chambers by the presiding judge of, the division.  The
presiding judge shall convene the appellate division when necessary.
The presiding judge shall also supervise its business and transact
any business that may be done at chambers.
   (e) The appellate division of the superior court has jurisdiction
on appeal from the following courts, in all cases in which an appeal
may be taken to the superior court or the appellate division of the
superior court as provided by law, except where the appeal is a
retrial in the superior court:
   (1) The municipal courts within the county.
   (2) The superior court in a county in which there is no municipal
court.
   (f) The powers of each appellate division shall be the same as are
now or may hereafter be provided by law or rule of the Judicial
Council relating to appeals to the appellate division of the superior
courts.
   (g) The Judicial Council shall promulgate rules, not inconsistent
with law, to promote the independence of, and govern the practice and
procedure and the disposition of the business of the appellate
division.
   (h) Notwithstanding any other provision of law, the Chief Justice
may designate any municipal court judge as a member of the appellate
division of the superior court if the municipal court is
participating in a trial court coordination plan approved by the
Judicial Council and the designated municipal court judge has been
assigned to the superior court of the county by the Chief Justice.
   (i) A reference in any other statute to the appellate department
of the superior court means the appellate division of the superior
court.
   (j) Notwithstanding the provisions of subdivisions (b) and (d),
appeals from convictions of traffic infractions may be heard and
decided by one judge of the appellate division of the superior court.

  SEC. 2.  Section 51553 of the Education Code is amended to read:
   51553.  (a) All public elementary, junior high, and senior high
school classes that teach sex education and discuss sexual
intercourse shall emphasize that abstinence from sexual intercourse
is the only protection that is 100 percent effective against unwanted
teenage pregnancy, sexually transmitted diseases, and acquired
immune deficiency syndrome (AIDS) when transmitted sexually.  All
material and instruction in classes that teach sex education and
discuss sexual intercourse shall be age appropriate.
   (b) All sex education courses that discuss sexual intercourse
shall satisfy the following criteria:
   (1) Course material and instruction shall be age appropriate.
   (2) Course material and instruction shall stress that abstinence
is the only contraceptive method which is 100 percent effective, and
that all other methods of contraception carry a risk of failure in
preventing unwanted teenage pregnancy.  Statistics based on the
latest medical information shall be provided to pupils citing the
failure and success rates of condoms and other contraceptives in
preventing pregnancy.
   (3) Course material and instruction shall stress that sexually
transmitted diseases are serious possible hazards of sexual
intercourse.  Pupils shall be provided with statistics based on the
latest medical information citing the failure and success rates of
condoms in preventing AIDS and other sexually transmitted diseases.
   (4) Course material and instruction shall include a discussion of
the possible emotional and psychological consequences of
preadolescent and adolescent sexual intercourse outside of marriage
and the consequences of unwanted adolescent pregnancy.
   (5) Course material and instruction shall stress that pupils
should abstain from sexual intercourse until they are ready for
marriage.
   (6) Course material and instruction shall teach honor and respect
for monogamous heterosexual marriage.
   (7) Course material and instruction shall advise pupils of the
laws pertaining to their financial responsibility to children born in
and out of wedlock.
   (8) Course material and instruction shall advise pupils that it is
unlawful for males or females of any age to have sexual intercourse
with males or females under the age of 18 years to whom they are not
married, pursuant to Section 261.5 of the Penal Code.
   (9) Course material and instruction shall emphasize that the pupil
has the power to control personal behavior.  Pupils shall be
encouraged to base their actions on reasoning, self-discipline, sense
of responsibility, self-control, and ethical considerations, such as
respect for one's self and others.
   (10) Course material and instruction shall teach pupils to not
make unwanted physical and verbal sexual advances, how to say "no" to
unwanted sexual advances, and shall include information about sexual
assault, verbal, physical, and visual, including, but not limited
to, nonconsensual sexual advances, nonconsensual physical sexual
contact, and rape by an acquaintance, commonly referred to as "date
rape."  This course material and instruction shall contain methods of
preventing sexual assault by an acquaintance, including exercising
good judgment and avoiding behavior that impairs good judgment, and
shall also encourage youth to resist negative peer pressure.  This
course material and instruction also shall inform pupils of the
potential legal consequences of sexual assault by an acquaintance.
Specifically, pupils shall be advised that it is unlawful to touch an
intimate part of another person, as specified in subdivision (d) of
Section 243.4 of the Penal Code.
   Pupils also shall be taught that it is wrong to take advantage of,
or to exploit, another person.
   Course material and instruction given pursuant to this paragraph
shall be age appropriate.
  SEC. 2.5.  Section 51553 of the Education Code is amended to read:

   51553.  (a) All public elementary, junior high, and senior high
school classes that teach sex education and discuss sexual
intercourse shall emphasize that abstinence from sexual intercourse
is the only protection that is 100 percent effective against unwanted
teenage pregnancy, sexually transmitted diseases, and acquired
immune deficiency syndrome (AIDS) when transmitted sexually.  All
material and instruction in classes that teach sex education and
discuss sexual intercourse shall be age appropriate.
   (b) All sex education courses that discuss sexual intercourse
shall also satisfy the following criteria:
   (1) (A) Factual information presented in course material and
instruction shall be medically accurate and objective.
   (B) For purposes of this section, the following definitions apply:

   (i) "Factual information" includes, but is not limited to,
medical, psychiatric, psychological, empirical, and statistical
statements.
   (ii) "Medically accurate" means verified or supported by research
conducted in compliance with scientific methods and published in
peer-review journals, where appropriate, and recognized as accurate
and objective by professional organizations and agencies with
expertise in the relevant field, such as the Centers for Disease
Control and Prevention.
   (2) Course material and instruction shall stress that abstinence
is the only contraceptive method which is 100 percent effective, and
that all other methods of contraception carry a risk of failure in
preventing unwanted teenage pregnancy.  Statistics based on the
latest medical information shall be provided to pupils citing the
failure and success rates of condoms and other contraceptives in
preventing pregnancy.
   (3) Course material and instruction shall stress that sexually
transmitted diseases are serious possible hazards of sexual
intercourse.  Pupils shall be provided with statistics based on the
latest medical information citing the failure and success rates of
condoms in preventing AIDS and other sexually transmitted diseases.
   (4) Course material and instruction shall include a discussion of
the possible emotional and psychological consequences of
preadolescent and adolescent sexual intercourse outside of marriage
and the consequences of unwanted adolescent pregnancy.
   (5) Course material and instruction shall stress that pupils
should abstain from sexual intercourse until they are ready for
marriage.
   (6) Course material and instruction shall teach honor and respect
for monogamous heterosexual marriage.
   (7) Course material and instruction shall advise pupils of the
laws pertaining to their financial responsibility to children born in
and out of wedlock.
   (8) Course material and instruction shall advise pupils that it is
unlawful for males or females of any age to have sexual intercourse
with males or females under the age of 18 years to whom they are not
married, pursuant to Section 261.5 of the Penal Code.
   (9) Course material and instruction shall emphasize that the pupil
has the power to control personal behavior.  Pupils shall be
encouraged to base their actions on reasoning, self-discipline, sense
of responsibility, self-control, and ethical considerations, such as
respect for oneself and others.
   (10) Course material and instruction shall teach pupils to not
make unwanted physical and verbal sexual advances, how to say "no" to
unwanted sexual advances, and shall include information about sexual
assault, verbal, physical, and visual, including, but not limited
to, nonconsensual sexual advances, nonconsensual physical sexual
contact, and rape by an acquaintance, commonly referred to as "date
rape."  This course material and instruction shall contain methods of
preventing sexual assault by an acquaintance, including exercising
good judgment and avoiding behavior that impairs good judgment, and
shall also encourage youth to resist negative peer pressure.  This
course material and instruction also shall inform pupils of the
potential legal consequences of sexual assault by an acquaintance.
Specifically, pupils shall be advised that it is unlawful to touch an
intimate part of another person, as specified in subdivision (d) of
Section 243.4 of the Penal Code.
   (11) Course materials and instruction shall be free of racial,
ethnic, and gender biases.
   (c) All sex education courses that discuss sexual intercourse
shall teach pupils that it is wrong to take advantage of, or to
exploit, another person.
  SEC. 3.  Section 68660 of the Government Code is amended to read:
   68660.  As used in this chapter, "center" means the California
Habeas Corpus Resource Center, and "board" means the board of
directors of the center.
  SEC. 4.  Section 68661 of the Government Code is amended to read:
   68661.  There is hereby created in the judicial branch of state
government the California Habeas Corpus Resource Center, which shall
have all of the following general powers and duties:
   (a) To employ up to 30 attorneys who may be appointed by the
Supreme Court to represent any person convicted and sentenced to
death in this state, who is without counsel and who is determined by
a court of competent jurisdiction to be indigent, for the purpose of
instituting and prosecuting postconviction actions in the state and
federal courts, challenging the legality of the judgment or sentence
imposed against that person, and preparing petitions for executive
clemency.  Any such appointment may be concurrent with the
appointment of the State Public Defender or other counsel for
purposes of direct appeal under Section 11 of Article VI of the
California Constitution.
   (b) To seek reimbursement for representation and expenses pursuant
to Section 3006A of Title 18 of the United States Code when
providing representation to indigent persons in the federal courts
and process those payments via the Federal Trust Fund.
   (c) To work with the Supreme Court in recruiting members of the
private bar to accept death penalty habeas case appointments.
   (d) To establish and periodically update a roster of attorneys
qualified as counsel in postconviction proceedings in capital cases.

   (e) To establish and periodically update a roster of experienced
investigators and experts who are qualified to assist counsel in
postconviction proceedings in capital cases.
   (f) To employ investigators and experts as staff to provide
services to appointed counsel upon request of counsel, provided that
where the provision of those services is to private counsel under
appointment by the Supreme Court, those services shall be pursuant to
contract between appointed counsel and the center.
   (g) To provide legal or other advice or, to the extent not
otherwise available, any other assistance to appointed counsel in
postconviction proceedings as is appropriate where not prohibited by
law.
   (h) To develop a brief bank of pleadings and related materials on
significant, recurring issues which arise in postconviction
proceedings in capital cases and to make those briefs available to
appointed counsel.
   (i) To evaluate cases and recommend assignment by the court of
appropriate attorneys.
   (j) To provide assistance and case progress monitoring as needed.

   (k) To timely review case billings and recommend compensation of
members of the private bar to the court.
   (l) The center shall annually report to the Legislature, the
Governor, and the Supreme Court on the status of the appointment of
counsel for indigent prisoners in postconviction capital cases, and
on the operations of the office.  On or before January 1, 2000, the
office of the Legislative Analyst shall evaluate the available
reports.
  SEC. 5.  Section 11167 of the Health and Safety Code is amended to
read:
   11167.  Notwithstanding subdivision (a) of Section 11164, in an
emergency where failure to issue a prescription may result in loss of
life or intense suffering, an order for a Schedule II controlled
substance may be dispensed on an oral, written, or electronic data
transmission order, subject to all of the following requirements:
   (a) The order contains all information required by subdivision (a)
of Section 11164.
   (b) Any written order is signed and dated by the prescriber in
indelible pencil or ink, and the pharmacy reduces any oral or
electronic data transmission order to writing prior to actually
dispensing the controlled substance.
   (c) The prescriber provides a triplicate prescription, completed
as provided by subdivision (a) of Section 11164, by the seventh day
following the transmission of the initial order; a postmark by the
seventh day following transmission of the initial order shall
constitute compliance.
   (d) If the prescriber fails to comply with subdivision (c), the
pharmacy shall so notify the Bureau of Narcotic Enforcement in
writing within 144 hours of the prescriber's failure to do so and
shall make and retain a written, readily retrievable record of the
prescription, including the date and method of notification of the
Bureau of Narcotic Enforcement.
  SEC. 6.  Section 1861.025 of the Insurance Code is amended to read:

   1861.025.  A person is qualified to purchase a Good Driver
Discount policy if he or she meets all of the following criteria:
   (a) He or she has been licensed to drive a motor vehicle for the
previous three years.
   (b) During the previous three years, he or she has not done any of
the following:
   (1) Had more than one violation point count determined as provided
by subdivision (a), (b), (c), (d), (e), (g), or (h) of Section 12810
of the Vehicle Code, but subject to the following modifications:
   For the purposes of this section, the driver of a motor vehicle
involved in an accident for which he or she was principally at fault
that resulted only in damage to property shall receive one violation
point count, in addition to any other violation points which may be
imposed for this accident.
   If, under Section 488 or 488.5, an insurer is prohibited from
increasing the premium on a policy on account of a violation, that
violation shall not be included in determining the point count of the
person.
   If a violation is required to be reported under Section 1816 of
the Vehicle Code, or under Section 784 of the Welfare and
Institutions Code, or any other provision requiring the reporting of
a violation by a minor, the violation shall be included for the
purposes of this section in determining the point count in the same
manner as is applicable to adult violations.
   (2) Had more than one dismissal pursuant to Section 1803.5 of the
Vehicle Code that was not made confidential pursuant to Section
1808.7 of the Vehicle Code, in the 36-month period for violations
that would have resulted in the imposition of more than one violation
point count under paragraph (1) if the complaint had not been
dismissed.
   (3) Was the driver of a motor vehicle involved in an accident that
resulted in bodily injury or in the death of any person and was
principally at fault.  The commissioner shall adopt regulations
setting guidelines to be used by insurers for the determination of
fault for the purposes of this paragraph and paragraph (1).
   (c) During the previous seven years, he or she has not been
convicted of a violation of Section 23140, 23152, or 23153 of the
Vehicle Code, a felony violation of Section 23550 or 23566, or former
Section 23175, as Section 23175 read on January 1, 1999, of the
Vehicle Code, or a violation of Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code.
   (d) Any person who claims that he or she meets the criteria of
subdivisions (a), (b), and (c) based entirely or partially on a
driver's license and driving experience acquired anywhere other than
in the United States or Canada is rebuttably presumed to be qualified
to purchase a Good Driver Discount policy if he or she has been
licensed to drive in the United States or Canada for at least the
previous 18 months and meets the criteria of subdivisions (a), (b),
and (c) for that period.
  SEC. 7.  Section 96.5 of the Penal Code is amended to read:
   96.5.  (a) Every judicial officer, court commissioner, or referee
who commits any act that he or she knows perverts or obstructs
justice, is guilty of a public offense punishable by imprisonment in
a county jail for not more than one year.
   (b) Nothing in this section prohibits prosecution under paragraph
(5) of subdivision (a) of Section 182 of the Penal Code or any other
law.
  SEC. 8.  Section 148 of the Penal Code is amended to read:
   148.  (a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, in the discharge or attempt to
discharge any duty of his or her office or employment, when no other
punishment is prescribed, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not to exceed one year, or by both that fine and imprisonment.
   (2) Except as provided by subdivision (d) of Section 653t, every
person who knowingly and maliciously interrupts, disrupts, impedes,
or otherwise interferes with the transmission of a communication over
a public safety radio frequency shall be punished by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment.
   (b) Every person who, during the commission of any offense
described in subdivision (a), removes or takes any weapon, other than
a firearm, from the person of, or immediate presence of, a public
officer or peace officer shall be punished by imprisonment in a
county jail not to exceed one year or in the state prison.
   (c) Every person who, during the commission of any offense
described in subdivision (a), removes or takes a firearm from the
person of, or immediate presence of, a public officer or peace
officer shall be punished by imprisonment in the state prison.
   (d) Except as provided in subdivision (c) and notwithstanding
subdivision (a) of Section 489, every person who removes or takes
without intent to permanently deprive, or who attempts to
                                 remove or take a firearm from the
person of, or immediate presence of, a public officer or peace
officer, while the officer is engaged in the performance of his or
her lawful duties, shall be punished by imprisonment in a county jail
not to exceed one year or in the state prison.
   In order to prove a violation of this subdivision, the prosecution
shall establish that the defendant had the specific intent to remove
or take the firearm by demonstrating that any of the following
direct, but ineffectual, acts occurred:
   (1) The officer's holster strap was unfastened by the defendant.
   (2) The firearm was partially removed from the officer's holster
by the defendant.
   (3) The firearm safety was released by the defendant.
   (4) An independent witness corroborates that the defendant stated
that he or she intended to remove the firearm and the defendant
actually touched the firearm.
   (5) An independent witness corroborates that the defendant
actually had his or her hand on the firearm and tried to take the
firearm away from the officer who was holding it.
   (6) The defendant's fingerprint was found on the firearm or
holster.
   (7) Physical evidence authenticated by a scientifically verifiable
procedure established that the defendant touched the firearm.
   (8) In the course of any struggle, the officer's firearm fell and
the defendant attempted to pick it up.
   (e) A person shall not be convicted of a violation of subdivision
(a) in addition to a conviction of a violation of subdivision (b),
(c), or (d) when the resistance, delay, or obstruction, and the
removal or taking of the weapon or firearm or attempt thereof, was
committed against the same public officer, peace officer, or
emergency medical technician.  A person may be convicted of multiple
violations of this section if more than one public officer, peace
officer, or emergency medical technician are victims.
   (f) This section shall not apply if the public officer, peace
officer, or emergency medical technician is disarmed while engaged in
a criminal act.
  SEC. 9.  Section 217.1 of the Penal Code is amended to read:
   217.1.  (a) Except as provided in subdivision (b), every person
who commits any assault upon the President or Vice President of the
United States, the Governor of any state or territory, any justice,
judge, or former judge of any local, state, or federal court of
record, any commissioner, referee, or other subordinate judicial
officer of any court of record, the secretary or director of any
executive agency or department of the United States or any state or
territory, or any other official of the United States or any state or
territory holding elective office, any mayor, city council member,
county supervisor, sheriff, district attorney, prosecutor or
assistant prosecutor of any local, state, or federal prosecutor's
office, a former prosecutor or assistant prosecutor of any local,
state, or federal prosecutor's office, public defender or assistant
public defender of any local, state, or federal public defender's
office, a former public defender or assistant public defender of any
local, state, or federal public defender's office, the chief of
police of any municipal police department, any peace officer, any
juror in any local, state, or federal court of record, or the
immediate family of any of these officials, in retaliation for or to
prevent the performance of the victim's official duties, shall be
punished by imprisonment in the county jail not exceeding one year or
by imprisonment in the state prison.
   (b) Notwithstanding subdivision (a), every person who attempts to
commit murder against any person listed in subdivision (a) in
retaliation for or to prevent the performance of the victim's
official duties, shall be confined in the state prison for a term of
15 years to life.  The provisions of Article 2.5 (commencing with
Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce
any minimum term of 15 years in a state prison imposed pursuant to
this section, but that person shall not otherwise be released on
parole prior to such time.
   (c) For the purposes of this section, the following words have the
following meanings:
   (1) "Immediate family" means spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or
stepfather.
   (2) "Peace officer" means any person specified in subdivision (a)
of Section 830.1 or Section 830.5.
  SEC. 10.  Section 261.5 of the Penal Code is amended to read:
   261.5.  (a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor.  For the purposes of this
section, a "minor" is a person under the age of 18 years and an
"adult" is a person who is at least 18 years of age.
   (b) Any person who engages in an act of unlawful sexual
intercourse with a minor who is not more than three years older or
three years younger than the perpetrator, is guilty of a misdemeanor.

   (c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment in the state prison.
   (d) Any person 21 years of age or older who engages in an act of
unlawful sexual intercourse with a minor who is under 16 years of age
is guilty of either a misdemeanor or a felony, and shall be punished
by imprisonment in a county jail not exceeding one year, or by
imprisonment in the state prison for two, three, or four years.
   (e) (1) Notwithstanding any other provision of this section, an
adult who engages in an act of sexual intercourse with a minor in
violation of this section may be liable for civil penalties in the
following amounts:
   (A) An adult who engages in an act of unlawful sexual intercourse
with a minor less than two years younger than the adult is liable for
a civil penalty not to exceed two thousand dollars ($2,000).
   (B) An adult who engages in an act of unlawful sexual intercourse
with a minor at least two years younger than the adult is liable for
a civil penalty not to exceed five thousand dollars ($5,000).
   (C) An adult who engages in an act of unlawful sexual intercourse
with a minor at least three years younger than the adult is liable
for a civil penalty not to exceed ten thousand dollars ($10,000).
   (D) An adult over the age of 21 years who engages in an act of
unlawful sexual intercourse with a minor under 16 years of age is
liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000).
   (2) The district attorney may bring actions to recover civil
penalties pursuant to this subdivision.  From the amounts collected
for each case, an amount equal to the costs of pursuing the action
shall be deposited with the treasurer of the county in which the
judgment was entered, and the remainder shall be deposited in the
Underage Pregnancy Prevention Fund, which is hereby created in the
State Treasury.  Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing
underage pregnancy upon appropriation by the Legislature.
   (3) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section with the proceeds of this fine
to be used in accordance with Section 1463.23.  The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.
  SEC. 11.  Section 264 of the Penal Code is amended to read:
   264.  (a) Rape, as defined in Section 261 or 262, is punishable by
imprisonment in the state prison for three, six, or eight years.
   (b) In addition to any punishment imposed under this section the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates Section 261 or 262 with the proceeds of this
fine to be used in accordance with Section 1463.23.  The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.
  SEC. 12.  Section 626.1 of the Penal Code is repealed.
  SEC. 13.  Section 636.5 of the Penal Code is amended to read:
   636.5.  Any person not authorized by the sender, who intercepts
any public safety radio service communication, by use of a scanner or
any other means, for the purpose of using that communication to
assist in the commission of a criminal offense or to avoid or escape
arrest, trial, conviction, or punishment or who divulges to any
person he or she knows to be a suspect in the commission of any
criminal offense, the existence, contents, substance, purport, effect
or meaning of that communication concerning the offense with the
intent that the suspect may avoid or escape from arrest, trial,
conviction, or punishment is guilty of a misdemeanor.
   Nothing in this section shall preclude prosecution of any person
under Section 31 or 32.
   As used in this section, "public safety radio service
communication" means a communication authorized by the Federal
Communications Commission to be transmitted by a station in the
public safety radio service.
  SEC. 14.  Section 653t of the Penal Code is amended to read:
   653t.  (a) A person commits a public offense if the person
knowingly and maliciously interrupts, disrupts, impedes, or otherwise
interferes with the transmission of a communication over an amateur
or a citizen's band radio frequency, the purpose of which
communication is to inform or inquire about an emergency.
   (b) For purposes of this section, "emergency" means a condition or
circumstance in which an individual is or is reasonably believed by
the person transmitting the communication to be in imminent danger of
serious bodily injury, in which property is or is reasonably
believed by the person transmitting the communication to be in
imminent danger of extensive damage or destruction, or in which that
injury or destruction has occurred and the person transmitting is
attempting to summon assistance.
   (c) A violation of subdivision (a) is a misdemeanor punishable by
a fine not to exceed one thousand dollars ($1,000), by imprisonment
in a county jail not to exceed six months, or by both, unless, as a
result of the commission of the offense, serious bodily injury or
property loss in excess of ten thousand dollars ($10,000) occurs, in
which event the offense is a felony.
   (d) Any person who knowingly and maliciously interrupts, disrupts,
impedes, or otherwise interferes with the transmission of an
emergency communication over a public safety radio frequency, when
the offense results in serious bodily injury or property loss in
excess of ten thousand dollars (10,000), is guilty of a felony.
  SEC. 15.  Section 1203.073 of the Penal Code is amended to read:
   1203.073.  (a) A person convicted of a felony specified in
subdivision (b) may be granted probation only in an unusual case
where the interests of justice would best be served.  When probation
is granted in such a case, the court shall specify on the record and
shall enter in the minutes the circumstances indicating that the
interests of justice would best be served by such a disposition.
   (b) Except as provided in subdivision (a), probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
   (1) Any person who is convicted of violating Section 11351 of the
Health and Safety Code by possessing for sale, or Section 11352 of
the Health and Safety Code by selling, a substance containing 28.5
grams or more of cocaine as specified in paragraph (6) of subdivision
(b) of Section 11055 of the Health and Safety Code, or 57 grams or
more of a substance containing cocaine as specified in paragraph (6)
of subdivision (b) of Section 11055 of the Health and Safety Code.
   (2) Any person who is convicted of violating Section 11378 of the
Health and Safety Code by possessing for sale, or Section 11379 of
the Health and Safety Code by selling a substance containing 28.5
grams or more of methamphetamine or 57 grams or more of a substance
containing methamphetamine.
   (3) Any person who is convicted of violating subdivision (a) of
Section 11379.6 of the Health and Safety Code, except those who
manufacture phencyclidine, or who is convicted of an act which is
punishable under subdivision (b) of Section 11379.6 of the Health and
Safety Code, except those who offer to perform an act which aids in
the manufacture of phencyclidine.
   (4) Except as otherwise provided in Section 1203.07, any person
who is convicted of violating Section 11353 or 11380 of the Health
and Safety Code by using, soliciting, inducing, encouraging, or
intimidating a minor to manufacture, compound, or sell heroin,
cocaine base as specified in paragraph (1) of subdivision (f) of
Section 11054 of the Health and Safety Code, cocaine as specified in
paragraph (6) of subdivision (b) of Section 11055 of the Health and
Safety Code, or methamphetamine.
   (5) Any person who is convicted of violating Section 11351.5 of
the Health and Safety Code by possessing for sale a substance
containing 14.25 grams or more of cocaine base as specified in
paragraph (1) of subdivision (f) of Section 11054 of the Health and
Safety Code or 57 grams or more of a substance containing at least
five grams of cocaine base as specified in paragraph (1) of
subdivision (f) of Section 11054 of the Health and Safety Code.
   (6) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by transporting for sale, importing for sale,
or administering, or by offering to transport for sale, import for
sale, or administer, or by attempting to import for sale or transport
for sale, cocaine base as specified in paragraph (1) of subdivision
(f) of Section 11054 of the Health and Safety Code.
   (7) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by selling or offering to sell cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054 of
the Health and Safety Code.
   (8) Any person convicted of violating Section 11379.6, 11382, or
11383 of the Health and Safety Code with respect to methamphetamine,
if he or she has one or more prior convictions for a violation of
Section 11378, 11379, 11379.6, 11380, 11382, or 11383 with respect to
methamphetamine.
   (c) As used in this section, the term "manufacture" refers to the
act of any person who manufactures, compounds, converts, produces,
derives, processes, or prepares, either directly or indirectly by
chemical extraction or independently by means of chemical synthesis.

   (d) The existence of any previous conviction or fact which would
make a person ineligible for probation under this section shall be
alleged in the information or indictment, and either admitted by the
defendant in open court, or found to be true by the jury trying the
issue of guilt or by the court where guilt is established by a plea
of guilty or nolo contendere or by trial by the court sitting without
a jury.
  SEC. 16.  Section 12403.5 of the Penal Code is amended to read:
   12403.5.  Notwithstanding any other provision of law, a person
holding a license as a private investigator or private patrol
operator issued pursuant to Chapter 11 (commencing with Section
7500), Division 3 of the Business and Professions Code, or uniformed
patrolmen employees of a private patrol operator, may purchase,
possess, or transport any tear gas weapon, if it is used solely for
defensive purposes in the course of the activity for which the
license was issued and if the person has satisfactorily completed a
course of instruction approved by the Department of Consumer Affairs,
Bureau of Security and Investigative Services, in the use of tear
gas.
  SEC. 17.  Section 23612 of the Vehicle Code is amended to read:
   23612.  (a) (1) (A) Any person who drives a motor vehicle is
deemed to have given his or her consent to chemical testing of his or
her blood or breath for the purpose of determining the alcoholic
content of his or her blood, if lawfully arrested for any offense
allegedly committed in violation of Section 23140, 23152, or 23153.
If a blood or breath test, or both, are unavailable, then paragraph
(2) of subdivision (d) applies.
   (B) Any person who drives a motor vehicle is deemed to have given
his or her consent to chemical testing of his or her blood or urine
for the purpose of determining the drug content of his or her blood,
if lawfully arrested for any offense allegedly committed in violation
of Section 23140, 23152, or 23153.
   (C) The testing shall be incidental to a lawful arrest and
administered at the direction of a peace officer having reasonable
cause to believe the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153.
   (D) The person shall be told that his or her failure to submit to,
or the failure to complete, the required chemical testing will
result in a fine, mandatory imprisonment if the person is convicted
of a violation of Section 23152 or 23153, and (i) the suspension of
the person's privilege to operate a motor vehicle for a period of one
year, (ii) the revocation of the person's privilege to operate a
motor vehicle for a period of two years if the refusal occurs within
seven years of a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code which resulted in a conviction, or if the person's privilege to
operate a motor vehicle has been suspended or revoked pursuant to
Section 13353, 13353.1, or 13353.2 for an offense which occurred on a
separate occasion, or (iii) the revocation of the person's privilege
to operate a motor vehicle for a period of three years if the
refusal occurs within seven years of two or more separate violations
of Section 23103 as specified in Section 23103.5, or of Section
23140, 23152, or 23153, or of Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, or any combination
thereof, which resulted in convictions, or if the person's privilege
to operate a motor vehicle has been suspended or revoked two or more
times pursuant to Section 13353, 13353.1, or 13353.2 for offenses
which occurred on separate occasions, or if there is any combination
of those convictions or administrative suspensions or revocations.
   (2) (A) If the person is lawfully arrested for driving under the
influence of an alcoholic beverage, the person has the choice of
whether the test shall be of his or her blood or breath and the
officer shall advise the person that he or she has that choice.  If
the person arrested either is incapable, or states that he or she is
incapable, of completing the chosen test, the person shall submit to
the remaining test.  If a blood or breath test, or both, are
unavailable, then paragraph (2) of subdivision (d) applies.
   (B) If the person is lawfully arrested for driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug, the person has the choice of whether the test
shall be of his or her blood, breath, or urine, and the officer shall
advise the person that he or she has that choice.
   (C) A person who chooses to submit to a breath test may also be
requested to submit to a blood or urine test if the officer has
reasonable cause to believe that the person was driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug and if the officer has a clear indication that
a blood or urine test will reveal evidence of the person being under
the influence.  The officer shall state in his or her report the
facts upon which that belief and that clear indication are based.
The person has the choice of submitting to and completing a blood or
urine test, and the officer shall advise the person that he or she is
required to submit to an additional test and that he or she may
choose a test of either blood or urine.  If the person arrested
either is incapable, or states that he or she is incapable, of
completing either chosen test, the person shall submit to and
complete the other remaining test.
   (3) If the person is lawfully arrested for an offense allegedly
committed in violation of Section 23140, 23152, or 23153, and,
because of the need for medical treatment, the person is first
transported to a medical facility where it is not feasible to
administer a particular test of, or to obtain a particular sample of,
the person's blood, breath, or urine, the person has the choice of
those tests which are available at the facility to which that person
has been transported.  In that case, the officer shall advise the
person of those tests which are available at the medical facility and
that the person's choice is limited to those tests which are
available.
   (4) The officer shall also advise the person that he or she does
not have the right to have an attorney present before stating whether
he or she will submit to a test or tests, before deciding which test
or tests to take, or during administration of the test or tests
chosen, and that, in the event of refusal to submit to a test or
tests, the refusal may be used against him or her in a court of law.

   (5) Any person who is unconscious or otherwise in a condition
rendering him or her incapable of refusal is deemed not to have
withdrawn his or her consent and a test or tests may be administered
whether or not the person is told that his or her failure to submit
to, or the noncompletion of, the test or tests will result in the
suspension or revocation of his or her privilege to operate a motor
vehicle.  Any person who is dead is deemed not to have withdrawn his
or her consent and a test or tests may be administered at the
direction of a peace officer.
   (b) Any person who is afflicted with hemophilia is exempt from the
blood test required by this section.
   (c) Any person who is afflicted with a heart condition and is
using an anticoagulant under the direction of a licensed physician
and surgeon is exempt from the blood test required by this section.
   (d) (1) A person lawfully arrested for any offense allegedly
committed while the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153 may request the arresting officer
to have a chemical test made of the arrested person's blood or breath
for the purpose of determining the alcoholic content of that person'
s blood, and, if so requested, the arresting officer shall have the
test performed.
   (2) If a blood or breath test is not available under subparagraph
(A) of paragraph (1) of subdivision (a), or under subparagraph (A) of
paragraph (2) of subdivision (a), or under paragraph (1) of this
subdivision, the person shall submit to the remaining test in order
to determine the percent, by weight, of alcohol in the person's
blood.  If both the blood and breath tests are unavailable, the
person shall be deemed to have given his or her consent to chemical
testing of his or her urine and shall submit to a urine test.
   (e) If the person, who has been arrested for a violation of
Section 23140, 23152, or 23153, refuses or fails to complete a
chemical test or tests, or requests that a blood or urine test be
taken, the peace officer, acting on behalf of the department, shall
serve the notice of the order of suspension or revocation of the
person's privilege to operate a motor vehicle personally on the
arrested person.  The notice shall be on a form provided by the
department.
   (f) If the peace officer serves the notice of the order of
suspension or revocation of the person's privilege to operate a motor
vehicle, the peace officer shall take possession of any driver's
license issued by this state which is held by the person.  The
temporary driver's license shall be an endorsement on the notice of
the order of suspension and shall be valid for 30 days from the date
of arrest.
   (g) The peace officer shall immediately forward a copy of the
completed notice of suspension or revocation form and any driver's
license taken into possession under subdivision (f), with the report
required by Section 13380, to the department.  If the person
submitted to a blood or urine test, the peace officer shall forward
the results immediately to the appropriate forensic laboratory.  The
forensic laboratory shall forward the results of the chemical tests
to the department within 15 calendar days of the date of the arrest.

   (h) A preliminary alcohol screening test that indicates the
presence or concentration of alcohol based on a breath sample in
order to establish reasonable cause to believe the person was driving
a vehicle in violation of Section 23140, 23152, or 23153 is a field
sobriety test and may be used by an officer as a further
investigative tool.
   (i) If the officer decides to use a preliminary alcohol screening
test, the officer shall advise the person that he or she is
requesting that person to take a preliminary alcohol screening test
to assist the officer in determining if that person is under the
influence of alcohol or drugs, or a combination of alcohol and drugs.
  The person's obligation to submit to a blood, breath, or urine
test, as required by this section, for the purpose of determining the
alcohol or drug content of that person's blood, is not satisfied by
the person submitting to a preliminary alcohol screening test.  The
officer shall advise the person of that fact and of the person's
right to refuse to take the preliminary alcohol screening test.
  SEC. 18.  Section 30547 of the Water Code is amended to read:
   30547.  (a) A district may employ a suitable security force.  The
employees of the district that are designated by the general manager
as security officers shall have the authority and powers conferred by
Section 830.34 of the Penal Code upon peace officers.  The district
shall adhere to the standards for recruitment and training of peace
officers established by the Commission on Peace Officers Standards
and Training pursuant to Title 4 (commencing with Section 13500) of
Part 4 of the Penal Code.
   (b) Every security officer employed by a district shall conform to
the standards for peace officers of the Commission on Peace Officers
Standards and Training.  Any officer who fails to conform to those
standards shall not have the powers of a peace officer.
                                                             SEC. 19.
  Any section of any act enacted by the Legislature during the 1999
calendar year that takes effect on or before January 1, 2000, and
that amends, amends and renumbers, adds, repeals and adds, or repeals
  any one or more of Sections 3 to 18, inclusive, of this act shall
prevail over this act, whether that act is enacted prior to, or
subsequent to, the enactment of this act.  The repeal, or repeal and
addition, of any article, chapter, part, title, or division of any
code by this act shall not become operative if any section of any
other act that is enacted by the Legislature during the 1999 calendar
year and takes effect on or before January 1, 2000, amends, amends
and renumbers, adds, repeals and adds, or repeals any section
contained in that article, chapter, part, title, or division.
  SEC. 20.  Section 1.5 of this bill incorporates amendments to
Section 77 of the Code of Civil Procedure proposed by both this bill
and SB 210.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 77 of the Code of Civil Procedure, and (3) this
bill is enacted after SB 210, in which case Section 1 of this bill
shall not become operative.
  SEC. 21.  Section 2.5 of this bill incorporates amendments to
Section 51553 of the Education Code proposed by both this bill and AB
246.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 51553 of the Education Code, and (3) this bill is
enacted after AB 246, in which case Section 2 of this bill shall not
become operative.
  SEC. 22.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
